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New Millennium Communications Group, Inc., WZSK , Everett, PA

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Released: February 22, 2010

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
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New Millennium Communications Group, Inc.
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File No. EB-10-PA-0021
Licensee of Radio Station WZSK
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Facility ID # 54570
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NOV No. V201032400031
Everett, Pennsylvania
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NOTICE OF VIOLATION

Released: February 22, 2010

By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau:
1. This is a Notice of Violation (“Notice”) issued pursuant to Section 1.89 of the
Commission’s Rules1 to New Millennium Communications Group, Inc. (“New
Millennium”), the licensee of AM radio station WZSK in Everett, Pennsylvania. This
Notice may be combined with a further action, if further action is warranted.2
2. On January 20, 2010, an agent of the Commission’s Philadelphia Office inspected radio
station WZSK located in Everett, Pennsylvania and observed the following violations:
a.
47 C.F.R. § 73.1560(a): “[T]he antenna input power of an AM
station…must be maintained as near as practicable to the authorized
antenna input power and may not be less than 90% nor more than
105% of the authorized power.” For the previous three months, New
Millennium had been operating station WZSK during the daytime
with 4 kilowatts or 40% of the authorized power and there is no
evidence that New Millenium obtained special temporary authority
to operate at a reduced power for more than thirty days, as required
by 47 C.F.R. § 73.1560(d).
b.
47 C.F.R. § 11.61 (a)(2): “EAS participants shall conduct...required
weekly tests.” A review of the station’s EAS logs revealed that
entries were not made in the EAS logs to show required weekly EAS
tests for the period between January 1, 2010 and January 14, 2010.


147 C.F.R. § 1.89.
247 C.F.R. § 1.89(a).

Federal Communications Commission

c.
47 C.F.R. § 11.52(d): “EAS participants must monitor two EAS
sources. The monitoring assignment of each broadcast station and
cable system and wireless cable system are specified in the State
EAS Plan and FCC Mapbook.” A review of WZSK’s EAS logs
revealed that WZSK was properly monitoring only one EAS source.
There was no evidence that the station’s EAS equipment was
receiving the second local primary (LP-2) radio station WWOT on
100.1 MHz.
d.
47 C.F.R. § 73.3526(e)(4): The public inspection file shall contain a
“copy of any service contour maps, submitted with any application
tendered for filing with the FCC. . . .” At the time of the inspection,
there was no service contour map in the public inspection file
showing the station’s community contour.
e.
47 C.F.R. § 73.3526(e)(5): The public inspection file shall contain a
“copy of the most recent, complete ownership report filed with the
FCC for the station, together with any statements filed with the FCC
certifying that the current report is accurate, and together with all
related material.” At the time of inspection, the most current
ownership report or certifying statements were not in the station’s
public inspection file.
f.
47 C.F.R. § 73.1870(b)(3): “The designation of the chief operator
must be in writing with a copy of the designation posted with the
station license.” At the time of inspection, there was no written
designation posted with the station license designating the chief
operator.
g.
47 C.F.R. § 73.1350(c)(2): “Monitoring equipment must be
periodically calibrated so as to provide reliable indications of
transmitter operating parameters with a known degree of accuracy.”
At the time of inspection, the antenna input current meter reading
was 5.0 amperes whereas the station authorization specifies an
antenna input current during critical hours of 6.82 amperes. The last
calibration date on the antenna input current meter was October
1998.
h.
47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain
a station log as required by Section 73.1820." The required station
logs documenting any tower light outages and adjustments to the
transmission system were not available for inspection upon request.
3. As the nation’s emergency warning system, the Emergency Alert System is critical to
public safety, and we recognize the vital role that broadcasters play in ensuring its
success. The Commission takes seriously any violations of the Rules implementing the
EAS and expects full compliance from its regulatees. We also must investigate violations
of other rules that apply to broadcast licensees. Pursuant to Section 403 of the
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Federal Communications Commission

Communications Act of 1934, as amended,3 and Section 1.89 of the Commission's Rules,
we seek additional information concerning the violation(s) and any remedial actions the
station may have taken. Therefore, New Millenium must submit a written statement
concerning this matter within twenty (20) days of release of this Notice. The response (i)
must fully explain each violation, including all relevant surrounding facts and
circumstances, (ii) must contain a statement of the specific action(s) taken to correct each
violation and preclude recurrence, and (iii) must include a time line for completion of any
pending corrective action(s). The response must be complete in itself and must not be
abbreviated by reference to other communications or answers to other notices.4
4. In accordance with Section 1.16 of the Commission’s Rules, we direct New Millenium to
support its response to this Notice with an affidavit or declaration under penalty of
perjury, signed and dated by an authorized officer of New Millenium with personal
knowledge of the representations provided in New Millenium’s response, verifying the
truth and accuracy of the information therein,5 and confirming that all of the information
requested by this Notice which is in the licensee’s possession, custody, control, or
knowledge has been produced. To knowingly and willfully make any false statement or
conceal any material fact in reply to this Notice is punishable by fine or imprisonment
under Title 18 of the U.S. Code.6
5. All replies and documentation sent in response to this Notice should be marked with the
File No. and NOV No. specified above, and mailed to the following address:
Federal Communications Commission
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to New Millennium Communications Group, Inc. at its address
of record.


347 U.S.C. § 403.
447 C.F.R. § 1.89(c).
5Section 1.16 of the Commission’s Rules provides that “[a]ny document to be filed with the Federal
Communications Commission and which is required by any law, rule or other regulation of the United
States to be supported, evidenced, established or proved by a written sworn declaration, verification,
certificate, statement, oath or affidavit by the person making the same, may be supported, evidenced,
established or proved by the unsworn declaration, certification, verification, or statement in writing of such
person . . . . Such declaration shall be subscribed by the declarant as true under penalty of perjury, and
dated, in substantially the following form . . . : ‘I declare (or certify, verify, or state) under penalty of
perjury that the foregoing is true and correct. Executed on (date). (Signature)’.” 47 C.F.R. § 1.16.
618 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
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Federal Communications Commission

7. The Privacy Act of 19747 requires that we advise you that the Commission will use all
relevant material information before it, including any information disclosed in your reply,
to determine what, if any, enforcement action is required to ensure compliance. Any
false statement made knowingly and willfully in reply to this Notice is punishable by fine
or imprisonment under Title 18 of the U.S. Code.8

FEDERAL COMMUNICATIONS COMMISSION

Gene J. Stanbro
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau


7P.L. 93-579, 5 U.S.C. § 552a(e)(3).
818 U.S.C. § 1001 et seq.
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